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Follow the links below to find material targeted to the unit's elements, performance criteria, required skills and knowledge

Elements and Performance Criteria

  1. Prepare for proceedings
  2. Present evidence
  3. Follow up outcomes of proceedings

Required Skills

This section describes the essential skills and knowledge and their level required for this unit

Skill requirements

Look for evidence that confirms skills in

presenting evidence clearly and concisely

writing reports

word processing

taking notes

communicating with people from diverse backgrounds

responding to diversity including gender and disability

making comparisons and exercising judgment about facts in written materials

report writing using formal structures and language

applying public sector standards and legislation such as occupational health and safety and environment in the context of giving evidence

Knowledge requirements

Look for evidence that confirms knowledge and understanding of

court prosecution processes

common law versus judicial precedent versus legislation

specific powers of the organisation

courttribunalcommission structures

jurisdiction of each courttribunalcommission

appeals systems

role of legal personnel in judicial or quasijudicial systems

procedures and protocols in different judicial or quasijudicial systems

types of offences

general principles of criminal liability

exemptions and defences

types of evidence admissible in judicial or quasijudicial systems

legislative requirements of presenting evidence

use of notes in courttribunalcommission

organisation policies and procedures relating to preparation of documents and evidence and providing expert opinion

public sector legislation such as occupational health and safety and environment relating to the presentation of evidence

Evidence Required

The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole It must be read in conjunction with the Unit descriptor Performance Criteria the Range Statement and the Assessment Guidelines for the Public Sector Training Package

Units to be assessed together

Prerequisite unitsthat must be achieved prior to this unitNil

Corequisite unitsthat must be assessed with this unitNil

Coassessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include but are not limited to

PSPETHCA Uphold and support the values and principles of public service

PSPETHC401A Uphold and support the values and principles of public service

PSPLEGNA Encourage compliance with legislation in the public sector

PSPLEGN401A Encourage compliance with legislation in the public sector

PSPGOVA Value diversity

PSPGOV408A Value diversity

PSPGOVA Work with interpreters

PSPGOV419A Work with interpreters

PSPGOVA Apply government processes

PSPGOV422A Apply government processes

PSPREGC Exercise regulatory powers

PSPREG401C Exercise regulatory powers

Overview of evidence requirements

In addition to integrated demonstration of the elements and their related performance criteria look for evidence that confirms

the knowledge requirements of this unit

the skill requirements of this unit

application of the Employability Skills as they relate to this unit see Employability Summaries in Qualifications Framework

giving evidence in a range of or more contexts or occasions over time

Resources required to carry out assessment

These resources include

legislation policy procedures and protocols relating to presentation of evidence

case studies and workplace scenarios to capture the range of likely offences for which evidence needs to be presented

Where and how to assess evidence

Valid assessment of this unit requires

a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when giving evidence including coping with difficulties irregularities and breakdowns in routine

giving evidence in a range of or more contexts or occasions over time

Assessment methods should reflect workplace demands such as literacy and the needs of particular groups such as

people with disabilities

people from culturally and linguistically diverse backgrounds

Aboriginal and Torres Strait Islander people

women

young people

older people

people in rural and remote locations

Assessment methods suitable for valid and reliable assessment of this competency may include but are not limited to a combination of or more of

case studies

demonstration

observation

questioning

scenarios

simulation or role plays

authenticated evidence from the workplace andor training courses

For consistency of assessment

Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments


Range Statement

The Range Statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The Range Statement also provides a focus for assessment. It relates to the unit as a whole. Text in italics in the Performance Criteria is explained here.

Arrangements for, role and involvement may include

confirmation of time, date and location of proceedings

confirmation of evidence required to be presented

working with/briefing legal counsel

Proceedings may include

criminal, coronial and civil courts

defence tribunals

industrial relations commissions

State industrial tribunals

workers compensation tribunals

human rights commissions

equal opportunity commissions

land and environment courts

royal commissions

disciplinary hearings

administrative reviews

Parliamentary hearings

Documentation and exhibits may include

reports

photographs

items of evidence

media footage

reports of incidents

files, correspondence, meeting notes

radio/telephone record logs

Legislation, policy and procedures may include

legislation relevant to proceedings

legislation relevant to the organisation

operational performance standards

organisational personnel practices and guidelines

organisational quality standards

Witnesses may include

those directly involved

bystanders

experts

organisational personnel

distressed or unwilling witnesses

complainants

Protocols may include

rules of court

correct mode of address for judges, magistrates and other court users, in and out of court

procedures for entering and leaving a courtroom

complying with security procedures

file handling procedures

procedures for handling exhibits

Rules of evidence include

admissibility

contemporaneousness

Deciding authority may include

magistrate

judge

Evidence may include

different aspects in chief, cross-examination and re-examination

Standards for giving evidence may include

voice clarity

language

impartiality

respect for people and offices held

standards of dress

forms of address

Required action may include

follow-up action with legal authorities

re-listing for conciliation conference or arbitration

dealing with evidence, which may include disposal

preparing agreed orders

updating files

closing files